Oregon Senate Bill 117 - Unlawful Towing Practices

79th OREGON LEGISLATIVE ASSEMBLY--2017 Regular Session
Senate Bill 117

Sponsored by Senator RILEY (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editors brief statement of the essential features of the
measure as introduced.
Places certain additional prohibitions and requirements on towers. Adds certain towing pro-
visions to those provisions enforceable as unlawful trade practices.
Creates expedited civil process in circuit court for owner or operator of motor vehicle to chal-
lenge validity of tow.
Reorganizes and consolidates towing provisions applicable to unlawfully parked and abandoned
vehicles and provisions for involuntary loss of motor vehicles.
1 A BILL FOR AN ACT

2 Relating to towing; creating new provisions; amending ORS 90.425, 90.485, 98.805, 98.812, 98.830,
3 98.840, 98.852, 98.854, 98.856, 98.858, 98.861, 646.608 and 822.215; and repealing ORS 98.835.
4 Be It Enacted by the People of the State of Oregon:
5
6 DISPOSITION OF UNLAWFULLY PARKED VEHICLES
7 AND ABANDONED VEHICLES
8
9 SECTION 1. ORS 98.805 is amended to read:
10 98.805. As used in this section and ORS 98.810 to 98.818, 98.830[, 98.835] and 98.840:
11 (1) Owner of a parking facility means:
12 (a) The owner, lessee or person in lawful possession of a private parking facility; or
13 (b) Any officer or agency of this state with authority to control or operate a parking facility.
14 (2) Owner of proscribed property means the owner, lessee or person in lawful possession of
15 proscribed property.
16 (3) Parking facility means any property used for vehicle parking.
17 (4) Proscribed property means any part of private property:
18 (a) Where a reasonable person would conclude that parking is not normally permitted at all or
19 where a land use regulation prohibits parking; or
20 (b) That is used primarily for parking at a dwelling unit. As used in this paragraph, dwelling
21 unit means a single-family residential dwelling or a duplex.
22 (5) Tower means a person issued a towing business certificate under ORS 822.205.
23 (6) Vehicle has the meaning given that term in ORS 801.590.
25 98.812. (1) If a vehicle has been left or parked in violation of ORS 98.810, the owner of the
26 parking facility or the owner of the proscribed property may have a tower tow the vehicle from the
27 parking facility or the proscribed property and place the vehicle in storage at a secure location
28 under the control of the tower.
29 [(2) Prior to towing a vehicle under this section, a tower who tows a vehicle at the request of an
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
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1 owner of a parking facility shall take at least one photograph of the vehicle and record the time and
2 date of the photograph. A photograph must show the vehicle left or parked in violation of ORS 98.810.
3 The tower shall maintain for at least two years, in electronic or printed form, each photograph taken
4 along with the date and time of the photograph.]
5 [(3) A tower who tows a vehicle at the request of an owner of a parking facility or the owner of
6 proscribed property under this section shall provide to the owner or operator of the vehicle the infor-
7 mation required in ORS 98.856 in the manner provided in ORS 98.856.]
8 [(4)] (2) A tower is entitled to a lien on a towed vehicle and its contents for the towers just
9 and reasonable charges. The tower [and] may retain possession [thereof] of the towed vehicle and
10 its contents until the just and reasonable charges for the towage, care and storage of the towed
11 vehicle have been paid if the tower complies with the following requirements:
12 (a) The tower shall notify the local law enforcement agency of the location of the towed vehicle
13 within one hour after the towed vehicle is placed in storage;
14 (b) If the towed vehicle is registered in Oregon, the tower shall give notice, within 15 days after
15 the towed vehicle is placed in storage, to the owner of the towed vehicle or any other person with
16 an interest in the towed vehicle, as indicated by the certificate of title. If notice under this para-
17 graph is given by mail, it must be transmitted within the 15-day period, but need not be received
18 within that period, but within a reasonable time. If the tower fails to comply with the notice re-
19 quirements of this paragraph, the amount of the lien is limited to a sum equal to the reasonable
20 expenses incurred within the 15-day period for towage, care and storage of the towed vehicle; and
21 (c) If the towed vehicle is not registered in Oregon, the tower shall, within 15 days after the
22 towed vehicle is placed in storage, notify and request the title information and the name and address
23 of the owner of the towed vehicle from the motor vehicle agency for the state in which the towed
24 vehicle is registered. The tower shall have 15 days from the date of receipt of the information from
25 the state motor vehicle agency to notify the owner of the towed vehicle or any other person with
26 an interest in the towed vehicle, as indicated by the certificate of title. If notice under this para-
27 graph is given by mail, it must be transmitted within 15 days from the receipt of information from
28 the state motor vehicle agency, but need not be received within that period, but within a reasonable
29 time. If the tower fails to comply with the notice requirements of this paragraph, the amount of the
30 lien is limited to a sum equal to the reasonable expenses incurred within the period between storage
31 of the towed vehicle and receipt of information from the state motor vehicle agency for towage, care
32 and storage of the towed vehicle.
33 [(5)] (3) The lien created by subsection [(4)] (2) of this section may be foreclosed only in the
34 manner provided by ORS 87.172 (3) and 87.176 to 87.206 for foreclosure of liens arising or claimed
35 under ORS 87.152.
36 SECTION 3. ORS 98.835 is repealed.
38 98.830. (1) A person who is the owner, or is in lawful possession, of private property on which
39 a vehicle has been abandoned may have a tower tow the vehicle from the property if:
40 [(1)] (a) The person affixes a notice to the vehicle stating that the vehicle will be towed if it is
41 not removed[.];
42 (b) The notice required by paragraph (a) of this subsection [must remain] remains on the ve-
43 hicle for at least 72 hours before the vehicle [may be removed.] is removed; and
44 [(2)] (c) The person fills out and signs a form that includes:
45 [(a)] (A) A description of the vehicle to be towed;
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1 [(b)] (B) The location of the property from which the vehicle will be towed; and
2 [(c)] (C) A statement that the person has complied with [subsection (1) of this section] para-
3 graphs (a) and (b) of this subsection.
4 (2) A tower who tows a vehicle pursuant to this section is immune from civil liability for
5 towing the vehicle if the tower has a form described in subsection (1) of this section, filled
6 out by a person purporting to be the owner or a person in lawful possession of the private
7 property from which the vehicle is towed. This subsection does not grant immunity for any
8 loss, damage or injury arising out of any negligent or willful damage to, or destruction of,
9 the vehicle that occurs during the course of the towing.
10 (3) A tower is entitled to a lien on a vehicle towed under this section and its contents for
11 the towers just and reasonable charges. The tower may retain possession of the towed ve-
12 hicle and its contents until the just and reasonable charges for the towage, care and storage
13 have been paid if the tower complies with the requirements of ORS 98.812 (2).
14 (4) The lien created by subsection (3) of this section may be foreclosed only in the man-
15 ner provided by ORS 87.172 (3) and 87.176 to 87.206 for foreclosure of liens arising or claimed
18 98.840. The procedure authorized by ORS 98.830 [and 98.835] for removal of abandoned vehicles
19 from private property may be used by [persons described in ORS 98.805] an owner of a parking
20 facility or an owner of proscribed property as an alternative to the procedures described in ORS
21 98.810 to 98.818.
22
23 INVOLUNTARY LOSS OF USE OF MOTOR VEHICLES
24
26 98.852. As used in ORS 98.854 to 98.862:
27 (1) Business day means Mondays through Friday, excluding legal holidays.
28 [(1)] (2) Consideration has the meaning given that term in ORS 171.725.
29 [(2)] (3) Motor vehicle has the meaning given that term in ORS 801.360.
30 [(3)] (4) Parking facility has the meaning given that term in ORS 98.805.
31 (5) Personal property of an emergency nature includes, but is not limited to, pre-
32 scription medication, eyeglasses, clothing, identification, a wallet, a purse, a credit card, a
33 checkbook, cash and child safety car and booster seats.
34 [(4)] (6) Tower means a person that:
35 (a) Owns or operates a tow vehicle for profit; or
36 (b) Is employed by a person that owns or operates a tow vehicle for profit.
37 [(5)] (7) Tow vehicle has the meaning given that term in ORS 801.530.
39 98.854. [(1)] A tower may not:
40 (1) Tow a motor vehicle from a parking facility unless there is a sign displayed in plain
41 view at the parking facility that, using clear and conspicuous language, prohibits or restricts
42 public parking at the parking facility.
43 [(a)] (2) Except as provided in [subsection (3) of this section] section 9 of this 2017 Act, tow a
44 motor vehicle from a parking facility without first contacting the owner of the parking facility or
45 the owners agent at the time of the tow and receiving signed authorization from the owner of
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1 the parking facility or the owners agent that the tower should tow the motor vehicle.
2 (3) Serve as an agent of an owner of a parking facility for the purpose of signing an au-
3 thorization required by subsection (2) of this section.
4 [(b)] (4) Tow a motor vehicle from a parking facility if the owner of the parking facility
5 [owner] or the owners agent is an employee of a tower.
6 [(c) Tow a motor vehicle without providing to the owner or operator of the motor vehicle the in-
7 formation required under ORS 98.856 in the manner required under ORS 98.856.]
8 [(d)] (5) Charge more than a price disclosed under ORS 98.856 when towing a motor vehicle
9 [with] without the prior consent or authorization of the owner or operator of the motor vehicle.
10 [(e)] (6) Charge more than an amount set under ORS 98.859 when towing a motor vehicle without
11 the prior consent or authorization of the owner or operator of the motor vehicle.
12 [(f)] (7) Solicit towing business at, or within 1,000 feet of, the site of a motor vehicle accident,
13 unless the tower tows the motor vehicle pursuant to a prenegotiated payment agreement between
14 the tower and a motor vehicle road service company.
15 [(g)] (8) [Except as provided in subsection (2) of this section,] Park a tow vehicle within 1,000 feet
16 of a parking facility for the purpose of monitoring the parking facility for towing business.
17 [(h)] (9) Provide consideration to obtain the privilege of towing motor vehicles from a parking
18 facility. For the purposes of this paragraph, the provision of:
19 [(A)] (a) Signs by a tower under ORS 98.862 does not constitute consideration.
20 [(B)] (b) Goods or services by a tower below fair market value constitutes consideration.
21 [(i)] (10) Require, as a condition of towing a motor vehicle or releasing a motor vehicle or per-
22 sonal property in the motor vehicle, that the owner or operator of the motor vehicle agree not to
23 dispute:
24 [(A)] (a) The reason for the tow;
25 [(B)] (b) The validity or amount of charges; or
26 [(C)] (c) The responsibility of the tower for the condition of the motor vehicle or personal
27 property in the motor vehicle.
28 [(j)] (11) Hold a towed motor vehicle for more than 24 hours without:
29 [(A)] (a) Taking an inventory of all personal property in the motor vehicle that is visible from
30 the exterior of the motor vehicle; and
31 [(B)] (b) Holding the personal property in the motor vehicle in a secure manner.
32 [(k)] (12) Accept cash as a method of payment for towing services unless the tower provides
33 exact change not later than the end of the business day following receipt of payment.
34 [(L)] (13) Operate in a city or county without a license issued by the city or county if required
35 by ORS 98.861.
36 [(m)] (14) Charge for the hookup and release of a motor vehicle except as provided in [ORS
37 98.856] section 9 of this 2017 Act.
38 [(2) A tower may park a tow vehicle within 1,000 feet of a parking facility for the purpose of
39 monitoring the parking facility for towing business if the tower provides notice of the hours during
40 which monitoring occurs on signs that are clearly readable by an operator of a motor vehicle in each
41 parking stall or at each entrance to the parking facility.]
42 [(3) A tower may tow a motor vehicle if the motor vehicle:]
43 [(a) Blocks or prevents access by emergency vehicles;]
44 [(b) Blocks or prevents entry to the premises;]
45 [(c) Blocks a parked motor vehicle;]
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1 [(d) Violates a prominently posted no parking sign that warns that parking is prohibited 24 hours
2 a day; or]
3 [(e) Parks without permission in a parking facility used for residents of an apartment and:]
4 [(A) There are more residential units than there are parking spaces;]
5 [(B) The landlord has issued parking tags or other devices that identify vehicles that are author-
6 ized to be parked on the premises; and]
7 [(C) There are signs posted that are clearly readable by an operator of a motor vehicle in each
8 parking stall or at each entrance to the parking facility prohibiting or restricting public parking on the
9 parking facility.]
10 SECTION 8. Section 9 of this 2017 Act is added to and made a part of ORS 98.854 to 98.862.
11 SECTION 9. (1) A tower may tow a motor vehicle if the motor vehicle:
12 (a) Blocks or prevents access by emergency vehicles;
13 (b) Blocks or prevents entry to the premises;
14 (c) Blocks a parked motor vehicle; or
15 (d) Parks without permission in a parking facility used for residents of an apartment and:
16 (A) There are more residential units than there are parking spaces;
17 (B) The landlord has issued parking tags or other devices that identify vehicles that are
18 authorized to be parked on the premises; and
19 (C) There are signs posted that are clearly readable by an operator of a motor vehicle in
20 each parking stall or at each entrance to the parking facility prohibiting or restricting public
21 parking on the parking facility.
22 (2) Prior to towing a motor vehicle, a tower shall take at least one photograph of the
23 motor vehicle and record the time and date of the photograph. The photograph must show
24 the motor vehicle as it was left or parked at the time the tower arrived to conduct the tow.
25 The tower shall maintain for at least two years, in electronic or printed form, each photo-
26 graph taken along with the date and time of the photograph. Upon request, the tower shall
27 provide a copy of any photographs to the owner or operator of the motor vehicle at no ad-
28 ditional charge.
29 (3) If the owner or operator of the motor vehicle is present at the time of the tow, the
30 tower shall release the motor vehicle at no charge unless the hookup is complete. If the
31 hookup is complete, the tower shall release the motor vehicle and may charge the owner or
32 operator of the motor vehicle a fee that does not exceed the charge to hook up for that type
33 of tow as listed in a written statement described in ORS 98.856.
35 98.856. [(1) If the owner or operator of the motor vehicle is present at the time of the tow, the tower
36 shall release the motor vehicle at no charge unless the hookup is complete. If the hookup is complete,
37 the tower shall release the motor vehicle and may charge the owner or operator of the motor vehicle
38 a fee that does not exceed the charge to hook up for that type of tow as listed in a written statement
39 described in subsection (2)(a) of this section.]
40 [(2)] (1) A tower shall disclose to the owner or operator of a motor vehicle in a conspicuous
41 written statement of at least 10-point boldfaced type:
42 (a) The prices the tower charges for goods and services;
43 (b) The location where the tower will:
44 (A) Store the motor vehicle and personal property in the motor vehicle; or
45 (B) Tow the motor vehicle, if the tower is towing the motor vehicle to a location other than a
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1 location under the control of the tower;

2 (c) The telephone number and any other means of contacting the tower, and the hours of avail-
3 ability at that telephone number and at the other means of contacting the tower;
4 (d) The methods of payment that the tower accepts; [and]
5 (e) That, if the owner or operator of the motor vehicle pays for the tow with cash, the tower
6 will provide, in person or by mail, exact change not later than the end of the business day following
7 receipt of payment[.]; and
8 (f) Notice of the owner or operators right to redemption and opportunity for a hearing.
9 (2) The written statement required under subsection (1) of this section shall be accom-
10 panied by a form used for requesting a hearing under section 14 of this 2017 Act.
11 (3) If the owner or operator is present at the time of the tow, the tower shall provide the in-
12 formation required under [subsection (2) of] this section to the owner or operator of the motor ve-
13 hicle before towing the motor vehicle.
14 (4) If the owner or operator of the motor vehicle is not present at the time of the tow, the tower
15 shall provide the information required under [subsection (2) of] this section to the owner or person
16 in lawful possession of the motor vehicle prior to the time the owner or person in lawful possession
17 of the motor vehicle redeems the motor vehicle.
18 [(5)(a) As used in this subsection, business day means Monday through Friday, excluding legal
19 holidays.]
20 [(b)] (5) If the owner or operator of the motor vehicle is not present at the time of the tow:
21 [(A)] (a) Within five business days from the date of the tow, the tower shall request the name
22 and address of the owner of the motor vehicle from the state motor vehicle agency for the state in
23 which the motor vehicle is registered.
24 [(B)] (b) The tower shall provide the information required under [subsection (2) of] this section
25 to the owner of the motor vehicle by mail by the end of the first business day following receipt of
26 the information from the state motor vehicle agency.
27 [(C)] (c) If the owner of the motor vehicle or a person in lawful possession of the motor vehicle
28 redeems the motor vehicle or contacts the tower prior to five business days after the tow, the tower
29 is not required to contact the state motor vehicle agency.
30 (6) If the owner or operator of the motor vehicle is not present at the time of the tow but the
31 owner or operator of the motor vehicle requested the tow and arranged to pay the tower directly,
32 the tower may obtain the name and address of the owner of the motor vehicle from the owner or
33 operator of the motor vehicle and may provide the information required under [subsection (2) of] this
34 section:
35 (a) Within five business days after the tow; or
36 (b) With a copy of the invoice for the tow or upon receipt of payment, whichever first occurs.
38 98.858. (1) A tower in physical possession of a motor vehicle shall permit the owner or person
39 in lawful possession of a motor vehicle the tower has towed to:
40 (a) Redeem the motor vehicle:
41 (A) Between 8 a.m. and 6 p.m. [Monday through Friday, excluding legal holidays] on business
42 days;
43 (B) At all other hours, within 60 minutes after asking the tower to release the motor vehicle;
44 and
45 (C) Within 30 minutes of a time mutually agreed upon between the tower and the owner or
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1 person in lawful possession of the motor vehicle;

2 (b) Contact the tower at any time to receive information about the location of the motor vehicle
3 and instructions for obtaining release of the motor vehicle; and
4 (c) Obtain all personal property of an emergency nature in the motor vehicle within the time
5 allowed under paragraph (a) of this subsection.
6 (2) A tower may not charge the owner or person in lawful possession of the motor vehicle a fee
7 in any amount to obtain personal property of an emergency nature except for a gate fee between
8 the hours of 6 p.m. and 8 a.m. [Monday through Friday] on business days, or on a Saturday, a
9 Sunday or a legal holiday.
10 [(3) As used in this section, personal property of an emergency nature includes but is not limited
11 to prescription medication, eyeglasses, clothing, identification, a wallet, a purse, a credit card, a
12 checkbook, cash and child safety car and booster seats.]
14 98.861. (1) Subject to subsection (5) of this section:
15 (a) A tower may not tow vehicles parked within the boundaries of a city without a license issued
16 by the city, if the city has established the maximum rates that a tower may charge under ORS
17 98.859.
18 (b) A tower may not tow vehicles parked within the boundaries of a county without a license
19 issued by the county, if the county has established the maximum rates that a tower may charge
20 under ORS 98.859. The tower is not required to obtain a license from a county when the tower tows
21 a vehicle that is parked within the boundaries of a city located within the county and the tower is
22 licensed by that city.
23 (2) Application for a license under this section must be made in writing in the form prescribed
24 by the city or county, and must contain the name and address of the applicant and any other in-
25 formation that the city or county may require.
26 (3) The fee for issuing a license under this section shall be established by the city or county,
27 but may not exceed the cost of administering the licensing program and administering ORS 98.859.
28 (4) A license issued under this section expires annually on December 31 or on a date that may
29 be specified by the city or county by ordinance.
30 (5) The requirement to get a license under this section applies only to towers that tow a motor
31 vehicle without the prior consent or authorization of the owner or operator of the motor vehicle.
32 (6) A city or county may suspend or revoke a license issued under this section for violation of
33 ORS 98.854, 98.856 or 98.859 or section 9 of this 2017 Act.
34 SECTION 13. Section 14 of this 2017 Act is added to and made a part of ORS 98.854 to
35 98.862.
36 SECTION 14. (1) An owner or operator seeking to redeem a towed motor vehicle has a
37 right to a hearing in the circuit court for the county in which the towed motor vehicle was
38 stored to contest the validity of the tow or the amount of charges assessed by the tower.
39 The circuit court has jurisdiction to determine the issues involving all tows subject to ORS
40 98.854 to 98.862.
41 (2) Any request for a hearing must be made in writing on the hearing request form pro-
42 vided under ORS 98.856. At the time of the filing of the hearing request form, the petitioner
43 shall pay the filing fee established under ORS 21.145.
44 (3)(a) The hearing request form must be received by the circuit court within 10 days of
45 the date the owner or operator received notice of the opportunity for a hearing under ORS
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1 98.856. Upon receipt of a timely hearing request form, the court shall proceed to hear and
2 determine the validity of the tow.
3 (b) If the hearing request form is not received by the court within the 10-day period, the
4 right to a hearing is waived and the owner or operator is liable for any charges related to
5 the tow assessed by the tower.
6 (2) The court, within five days of receiving the request for a hearing, shall provide notice
7 in writing of the date and time of the hearing to the tower, the person requesting the hear-
8 ing, and, if the person requesting the hearing is not the owner, the owner of the motor ve-
9 hicle.
10 (3) At the hearing, the person requesting the hearing may produce any relevant evidence
11 to show that the tow or the charges incurred for the tow were in violation of ORS 98.854,
12 98.856 or 98.858 or section 9 of this 2017 Act or a rule adopted under ORS 98.864.
13 (4) At conclusion of the hearing, the court shall determine whether the tow was proper,
14 whether the charges assessed by the tower were in compliance with the prices as shown in
15 the written statement under ORS 98.856, and who is responsible for payment of the charges.
16 The court may not adjust any charges that are in compliance with the prices as shown in
17 the written statement under ORS 98.856.
18 (5) If the tow is found proper, the court shall award all charges assessed by the tower.
19 (6) If the tow is determined to violate ORS 98.854, 98.856 or 98.858 or section 9 of this 2017
20 Act or a rule adopted under ORS 98.864, then the owner or operator of the motor vehicle
21 shall bear no towing charges and the motor vehicle and its contents, entirely free of any lien,
22 shall be returned or discharged as appropriate. In addition, the court shall enter judgment
23 in favor of the owner or operator of the vehicle for reasonable damages for loss of the use
24 of the motor vehicle due to the tow.
25 (7) The court shall award reasonable attorney fees and costs to the prevailing party un-
26 der this section.
27
28 UNLAWFUL TRADE PRACTICES ACT
29
31 646.608. (1) A person engages in an unlawful practice if in the course of the persons business,
32 vocation or occupation the person does any of the following:
33 (a) Passes off real estate, goods or services as the real estate, goods or services of another.
34 (b) Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, ap-
35 proval, or certification of real estate, goods or services.
36 (c) Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or asso-
37 ciation with, or certification by, another.
38 (d) Uses deceptive representations or designations of geographic origin in connection with real
39 estate, goods or services.
40 (e) Represents that real estate, goods or services have sponsorship, approval, characteristics,
41 ingredients, uses, benefits, quantities or qualities that the real estate, goods or services do not have
42 or that a person has a sponsorship, approval, status, qualification, affiliation, or connection that the
43 person does not have.
44 (f) Represents that real estate or goods are original or new if the real estate or goods are de-
45 teriorated, altered, reconditioned, reclaimed, used or secondhand.
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1 (g) Represents that real estate, goods or services are of a particular standard, quality, or grade,
2 or that real estate or goods are of a particular style or model, if the real estate, goods or services
3 are of another.
4 (h) Disparages the real estate, goods, services, property or business of a customer or another
5 by false or misleading representations of fact.
6 (i) Advertises real estate, goods or services with intent not to provide the real estate, goods or
7 services as advertised, or with intent not to supply reasonably expectable public demand, unless the
8 advertisement discloses a limitation of quantity.
9 (j) Makes false or misleading representations of fact concerning the reasons for, existence of,
10 or amounts of price reductions.
11 (k) Makes false or misleading representations concerning credit availability or the nature of the
12 transaction or obligation incurred.
13 (L) Makes false or misleading representations relating to commissions or other compensation to
14 be paid in exchange for permitting real estate, goods or services to be used for model or demon-
15 stration purposes or in exchange for submitting names of potential customers.
16 (m) Performs service on or dismantles any goods or real estate if the owner or apparent owner
17 of the goods or real estate does not authorize the service or dismantling.
18 (n) Solicits potential customers by telephone or door to door as a seller unless the person pro-
19 vides the information required under ORS 646.611.
20 (o) In a sale, rental or other disposition of real estate, goods or services, gives or offers to give
21 a rebate or discount or otherwise pays or offers to pay value to the customer in consideration of
22 the customer giving to the person the names of prospective purchasers, lessees, or borrowers, or
23 otherwise aiding the person in making a sale, lease, or loan to another person, if earning the rebate,
24 discount or other value is contingent upon an event occurring after the time the customer enters
25 into the transaction.
26 (p) Makes any false or misleading statement about a prize, contest or promotion used to publi-
27 cize a product, business or service.
28 (q) Promises to deliver real estate, goods or services within a certain period of time with intent
29 not to deliver the real estate, goods or services as promised.
30 (r) Organizes or induces or attempts to induce membership in a pyramid club.
31 (s) Makes false or misleading representations of fact concerning the offering price of, or the
32 persons cost for real estate, goods or services.
33 (t) Concurrent with tender or delivery of any real estate, goods or services fails to disclose any
34 known material defect or material nonconformity.
35 (u) Engages in any other unfair or deceptive conduct in trade or commerce.
36 (v) Violates any of the provisions relating to auction sales, consignment sales, auctioneers,
37 consignees or auction marts under ORS 698.640, whether in a commercial or noncommercial situ-
38 ation.
39 (w) Manufactures mercury fever thermometers.
40 (x) Sells or supplies mercury fever thermometers unless the thermometer is required by federal
41 law, or is:
42 (A) Prescribed by a person licensed under ORS chapter 677; and
43 (B) Supplied with instructions on the careful handling of the thermometer to avoid breakage and
44 on the proper cleanup of mercury should breakage occur.
45 (y) Sells a thermostat that contains mercury unless the thermostat is labeled in a manner to
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1 inform the purchaser that mercury is present in the thermostat and that the thermostat may not be
2 disposed of until the mercury is removed, reused, recycled or otherwise managed to ensure that the
3 mercury does not become part of the solid waste stream or wastewater. For purposes of this para-
4 graph, thermostat means a device commonly used to sense and, through electrical communication
5 with heating, cooling or ventilation equipment, control room temperature.
6 (z) Sells or offers for sale a motor vehicle manufactured after January 1, 2006, that contains
7 mercury light switches.
8 (aa) Violates the provisions of ORS 803.375, 803.385 or 815.410 to 815.430.
9 (bb) Violates ORS 646A.070 (1).
10 (cc) Violates any requirement of ORS 646A.030 to 646A.040.
11 (dd) Violates the provisions of ORS 128.801 to 128.898.
12 (ee) Violates ORS 646.883 or 646.885.
13 (ff) Violates ORS 646.569.
14 (gg) Violates the provisions of ORS 646A.142.
15 (hh) Violates ORS 646A.360.
16 (ii) Violates ORS 646.553 or 646.557 or any rule adopted pursuant thereto.
17 (jj) Violates ORS 646.563.
18 (kk) Violates ORS 759.690 or any rule adopted pursuant thereto.
19 (LL) Violates the provisions of ORS 759.705, 759.710 and 759.720 or any rule adopted pursuant
20 thereto.
21 (mm) Violates ORS 646A.210 or 646A.214.
22 (nn) Violates any provision of ORS 646A.124 to 646A.134.
23 (oo) Violates ORS 646A.095.
24 (pp) Violates ORS 822.046.
25 (qq) Violates ORS 128.001.
26 (rr) Violates ORS 646A.800 (2) to (4).
27 (ss) Violates ORS 646A.090 (2) to (4).
28 (tt) Violates ORS 87.686.
29 (uu) Violates ORS 646A.803.
30 (vv) Violates ORS 646A.362.
31 (ww) Violates ORS 646A.052 or any rule adopted under ORS 646A.052 or 646A.054.
32 (xx) Violates ORS 180.440 (1) or 180.486 (1).
33 (yy) Commits the offense of acting as a vehicle dealer without a certificate under ORS 822.005.
34 (zz) Violates ORS 87.007 (2) or (3).
35 (aaa) Violates ORS 92.405 (1), (2) or (3).
36 (bbb) Engages in an unlawful practice under ORS 646.648.
37 (ccc) Violates ORS 646A.365.
38 (ddd) Violates ORS 98.854, 98.856 or 98.858 or section 9 of this 2017 Act or a rule adopted
40 (eee) Sells a gift card in violation of ORS 646A.276.
41 (fff) Violates ORS 646A.102, 646A.106 or 646A.108.
42 (ggg) Violates ORS 646A.430 to 646A.450.
43 (hhh) Violates a provision of ORS 744.318 to 744.384.
44 (iii) Violates a provision of ORS 646A.702 to 646A.720.
45 (jjj) Violates ORS 646A.530 30 or more days after a recall notice, warning or declaration de-
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1 scribed in ORS 646A.530 is issued for the childrens product, as defined in ORS 646A.525, that is the
2 subject of the violation.
3 (kkk) Violates a provision of ORS 697.612, 697.642, 697.652, 697.662, 697.682, 697.692 or 697.707.
4 (LLL) Violates the consumer protection provisions of the Servicemembers Civil Relief Act, 50
5 U.S.C. App. 501 et seq., as in effect on January 1, 2010.
6 (mmm) Violates a provision of ORS 646A.480 to 646A.495.
7 (nnn) Violates ORS 646A.082.
8 (ooo) Violates ORS 646.647.
9 (ppp) Violates ORS 646A.115.
10 (qqq) Violates a provision of ORS 646A.405.
11 (rrr) Violates ORS 646A.092.
12 (sss) Violates a provision of ORS 646.644.
13 (ttt) Violates a provision of ORS 646A.295.
14 (uuu) Violates ORS 646A.564.
15 (vvv) Engages in the business of, or acts in the capacity of, an immigration consultant, as de-
16 fined in ORS 9.280, in this state and for compensation, unless federal law authorizes the person to
17 do so or unless the person is an active member of the Oregon State Bar.
18 (www) Violates ORS 702.012, 702.029, 702.032 or 702.054.
19 (xxx) Violates ORS 646A.806.
20 (yyy) Violates ORS 646A.810 (2).
21 (zzz) Violates a provision of sections 1 to 7, chapter 523, Oregon Laws 2015.
22 (2) A representation under subsection (1) of this section or ORS 646.607 may be any manifesta-
23 tion of any assertion by words or conduct, including, but not limited to, a failure to disclose a fact.
24 (3) In order to prevail in an action or suit under ORS 336.184 and 646.605 to 646.652, a prose-
25 cuting attorney need not prove competition between the parties or actual confusion or misunder-
26 standing.
27 (4) An action or suit may not be brought under subsection (1)(u) of this section unless the At-
28 torney General has first established a rule in accordance with the provisions of ORS chapter 183
29 declaring the conduct to be unfair or deceptive in trade or commerce.
30 (5) Notwithstanding any other provision of ORS 336.184 and 646.605 to 646.652, if an action or
31 suit is brought under subsection (1)(xx) of this section by a person other than a prosecuting attor-
32 ney, relief is limited to an injunction and the prevailing party may be awarded reasonable attorney
33 fees.
34 SECTION 16. ORS 646.608, as amended by section 10, chapter 523, Oregon Laws 2015, is
35 amended to read:
36 646.608. (1) A person engages in an unlawful practice if in the course of the persons business,
37 vocation or occupation the person does any of the following:
38 (a) Passes off real estate, goods or services as the real estate, goods or services of another.
39 (b) Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, ap-
40 proval, or certification of real estate, goods or services.
41 (c) Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or asso-
42 ciation with, or certification by, another.
43 (d) Uses deceptive representations or designations of geographic origin in connection with real
44 estate, goods or services.
45 (e) Represents that real estate, goods or services have sponsorship, approval, characteristics,
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1 ingredients, uses, benefits, quantities or qualities that the real estate, goods or services do not have
2 or that a person has a sponsorship, approval, status, qualification, affiliation, or connection that the
3 person does not have.
4 (f) Represents that real estate or goods are original or new if the real estate or goods are de-
5 teriorated, altered, reconditioned, reclaimed, used or secondhand.
6 (g) Represents that real estate, goods or services are of a particular standard, quality, or grade,
7 or that real estate or goods are of a particular style or model, if the real estate, goods or services
8 are of another.
9 (h) Disparages the real estate, goods, services, property or business of a customer or another
10 by false or misleading representations of fact.
11 (i) Advertises real estate, goods or services with intent not to provide the real estate, goods or
12 services as advertised, or with intent not to supply reasonably expectable public demand, unless the
13 advertisement discloses a limitation of quantity.
14 (j) Makes false or misleading representations of fact concerning the reasons for, existence of,
15 or amounts of price reductions.
16 (k) Makes false or misleading representations concerning credit availability or the nature of the
17 transaction or obligation incurred.
18 (L) Makes false or misleading representations relating to commissions or other compensation to
19 be paid in exchange for permitting real estate, goods or services to be used for model or demon-
20 stration purposes or in exchange for submitting names of potential customers.
21 (m) Performs service on or dismantles any goods or real estate if the owner or apparent owner
22 of the goods or real estate does not authorize the service or dismantling.
23 (n) Solicits potential customers by telephone or door to door as a seller unless the person pro-
24 vides the information required under ORS 646.611.
25 (o) In a sale, rental or other disposition of real estate, goods or services, gives or offers to give
26 a rebate or discount or otherwise pays or offers to pay value to the customer in consideration of
27 the customer giving to the person the names of prospective purchasers, lessees, or borrowers, or
28 otherwise aiding the person in making a sale, lease, or loan to another person, if earning the rebate,
29 discount or other value is contingent upon an event occurring after the time the customer enters
30 into the transaction.
31 (p) Makes any false or misleading statement about a prize, contest or promotion used to publi-
32 cize a product, business or service.
33 (q) Promises to deliver real estate, goods or services within a certain period of time with intent
34 not to deliver the real estate, goods or services as promised.
35 (r) Organizes or induces or attempts to induce membership in a pyramid club.
36 (s) Makes false or misleading representations of fact concerning the offering price of, or the
37 persons cost for real estate, goods or services.
38 (t) Concurrent with tender or delivery of any real estate, goods or services fails to disclose any
39 known material defect or material nonconformity.
40 (u) Engages in any other unfair or deceptive conduct in trade or commerce.
41 (v) Violates any of the provisions relating to auction sales, consignment sales, auctioneers,
42 consignees or auction marts under ORS 698.640, whether in a commercial or noncommercial situ-
43 ation.
44 (w) Manufactures mercury fever thermometers.
45 (x) Sells or supplies mercury fever thermometers unless the thermometer is required by federal
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1 law, or is:
2 (A) Prescribed by a person licensed under ORS chapter 677; and
3 (B) Supplied with instructions on the careful handling of the thermometer to avoid breakage and
4 on the proper cleanup of mercury should breakage occur.
5 (y) Sells a thermostat that contains mercury unless the thermostat is labeled in a manner to
6 inform the purchaser that mercury is present in the thermostat and that the thermostat may not be
7 disposed of until the mercury is removed, reused, recycled or otherwise managed to ensure that the
8 mercury does not become part of the solid waste stream or wastewater. For purposes of this para-
9 graph, thermostat means a device commonly used to sense and, through electrical communication
10 with heating, cooling or ventilation equipment, control room temperature.
11 (z) Sells or offers for sale a motor vehicle manufactured after January 1, 2006, that contains
12 mercury light switches.
13 (aa) Violates the provisions of ORS 803.375, 803.385 or 815.410 to 815.430.
14 (bb) Violates ORS 646A.070 (1).
15 (cc) Violates any requirement of ORS 646A.030 to 646A.040.
16 (dd) Violates the provisions of ORS 128.801 to 128.898.
17 (ee) Violates ORS 646.883 or 646.885.
18 (ff) Violates ORS 646.569.
19 (gg) Violates the provisions of ORS 646A.142.
20 (hh) Violates ORS 646A.360.
21 (ii) Violates ORS 646.553 or 646.557 or any rule adopted pursuant thereto.
22 (jj) Violates ORS 646.563.
23 (kk) Violates ORS 759.690 or any rule adopted pursuant thereto.
24 (LL) Violates the provisions of ORS 759.705, 759.710 and 759.720 or any rule adopted pursuant
25 thereto.
26 (mm) Violates ORS 646A.210 or 646A.214.
27 (nn) Violates any provision of ORS 646A.124 to 646A.134.
28 (oo) Violates ORS 646A.095.
29 (pp) Violates ORS 822.046.
30 (qq) Violates ORS 128.001.
31 (rr) Violates ORS 646A.800 (2) to (4).
32 (ss) Violates ORS 646A.090 (2) to (4).
33 (tt) Violates ORS 87.686.
34 (uu) Violates ORS 646A.803.
35 (vv) Violates ORS 646A.362.
36 (ww) Violates ORS 646A.052 or any rule adopted under ORS 646A.052 or 646A.054.
37 (xx) Violates ORS 180.440 (1) or 180.486 (1).
38 (yy) Commits the offense of acting as a vehicle dealer without a certificate under ORS 822.005.
39 (zz) Violates ORS 87.007 (2) or (3).
40 (aaa) Violates ORS 92.405 (1), (2) or (3).
41 (bbb) Engages in an unlawful practice under ORS 646.648.
42 (ccc) Violates ORS 646A.365.
43 (ddd) Violates ORS 98.854, 98.856 or 98.858 or section 9 of this 2017 Act or a rule adopted
45 (eee) Sells a gift card in violation of ORS 646A.276.
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1 (fff) Violates ORS 646A.102, 646A.106 or 646A.108.

2 (ggg) Violates ORS 646A.430 to 646A.450.
3 (hhh) Violates a provision of ORS 744.318 to 744.384.
4 (iii) Violates a provision of ORS 646A.702 to 646A.720.
5 (jjj) Violates ORS 646A.530 30 or more days after a recall notice, warning or declaration de-
6 scribed in ORS 646A.530 is issued for the childrens product, as defined in ORS 646A.525, that is the
7 subject of the violation.
8 (kkk) Violates a provision of ORS 697.612, 697.642, 697.652, 697.662, 697.682, 697.692 or 697.707.
9 (LLL) Violates the consumer protection provisions of the Servicemembers Civil Relief Act, 50
10 U.S.C. App. 501 et seq., as in effect on January 1, 2010.
11 (mmm) Violates a provision of ORS 646A.480 to 646A.495.
12 (nnn) Violates ORS 646A.082.
13 (ooo) Violates ORS 646.647.
14 (ppp) Violates ORS 646A.115.
15 (qqq) Violates a provision of ORS 646A.405.
16 (rrr) Violates ORS 646A.092.
17 (sss) Violates a provision of ORS 646.644.
18 (ttt) Violates a provision of ORS 646A.295.
19 (uuu) Violates ORS 646A.564.
20 (vvv) Engages in the business of, or acts in the capacity of, an immigration consultant, as de-
21 fined in ORS 9.280, in this state and for compensation, unless federal law authorizes the person to
22 do so or unless the person is an active member of the Oregon State Bar.
23 (www) Violates ORS 702.012, 702.029, 702.032 or 702.054.
24 (xxx) Violates ORS 646A.806.
25 (yyy) Violates ORS 646A.810 (2).
26 (2) A representation under subsection (1) of this section or ORS 646.607 may be any manifesta-
27 tion of any assertion by words or conduct, including, but not limited to, a failure to disclose a fact.
28 (3) In order to prevail in an action or suit under ORS 336.184 and 646.605 to 646.652, a prose-
29 cuting attorney need not prove competition between the parties or actual confusion or misunder-
30 standing.
31 (4) An action or suit may not be brought under subsection (1)(u) of this section unless the At-
32 torney General has first established a rule in accordance with the provisions of ORS chapter 183
33 declaring the conduct to be unfair or deceptive in trade or commerce.
34 (5) Notwithstanding any other provision of ORS 336.184 and 646.605 to 646.652, if an action or
35 suit is brought under subsection (1)(xx) of this section by a person other than a prosecuting attor-
36 ney, relief is limited to an injunction and the prevailing party may be awarded reasonable attorney
37 fees.
38
39 CONFORMING AMENDMENTS
40
42 90.425. (1) As used in this section:
43 (a) Current market value means the amount in cash, as determined by the county assessor,
44 that could reasonably be expected to be paid for a manufactured dwelling or floating home by an
45 informed buyer to an informed seller, each acting without compulsion in an arms-length transaction
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1 occurring on the assessment date for the tax year or on the date of a subsequent reappraisal by the
2 county assessor.
3 (b) Dispose of the personal property means that, if reasonably appropriate, the landlord may
4 throw away the property or may give it without consideration to a nonprofit organization or to a
5 person unrelated to the landlord. The landlord may not retain the property for personal use or
6 benefit.
7 (c) Goods includes those goods left inside a recreational vehicle, manufactured dwelling or
8 floating home or left upon the rental space outside a recreational vehicle, manufactured dwelling
9 or floating home, whether the recreational vehicle, dwelling or home is located inside or outside of
10 a facility.
11 (d) Lienholder means any lienholder of an abandoned recreational vehicle, manufactured
12 dwelling or floating home, if the lien is of record or the lienholder is actually known to the landlord.
13 (e) Of record means:
14 (A) For a recreational vehicle that is not a manufactured structure as defined in ORS 446.561,
15 that a security interest has been properly recorded with the Department of Transportation pursuant
16 to ORS 802.200 (1)(a)(A) and 803.097.
17 (B) For a manufactured dwelling or recreational vehicle that is a manufactured structure as
18 defined in ORS 446.561, that a security interest has been properly recorded for the manufactured
19 dwelling or recreational vehicle in the records of the Department of Consumer and Business Ser-
20 vices pursuant to ORS 446.611 or on a certificate of title issued by the Department of Transportation
21 prior to May 1, 2005.
22 (C) For a floating home, that a security interest has been properly recorded with the State
23 Marine Board pursuant to ORS 830.740 to 830.755 for a home registered and titled with the board
24 pursuant to ORS 830.715.
25 (f) Owner means any owner of an abandoned recreational vehicle, manufactured dwelling or
26 floating home, if different from the tenant and either of record or actually known to the landlord.
27 (g) Personal property means goods, vehicles and recreational vehicles and includes manufac-
28 tured dwellings and floating homes not located in a facility. Personal property does not include
29 manufactured dwellings and floating homes located in a facility and therefore subject to being
30 stored, sold or disposed of as provided under ORS 90.675.
31 (2) A landlord is responsible for abandoned personal property and shall store, sell or dispose of
32 abandoned personal property as provided by this section. This section governs the rights and obli-
33 gations of landlords, tenants and any lienholders or owners in any personal property abandoned or
34 left upon the premises by the tenant or any lienholder or owner in the following circumstances:
35 (a) The tenancy has ended by termination or expiration of a rental agreement or by
36 relinquishment or abandonment of the premises and the landlord reasonably believes under all the
37 circumstances that the tenant has left the personal property upon the premises with no intention
38 of asserting any further claim to the premises or to the personal property;
39 (b) The tenant has been absent from the premises continuously for seven days after termination
40 of a tenancy by a court order that has not been executed; or
41 (c) The landlord receives possession of the premises from the sheriff following restitution pur-
42 suant to ORS 105.161.
43 (3) Prior to storing, selling or disposing of the tenants personal property under this section, the
44 landlord must give a written notice to the tenant that must be:
45 (a) Personally delivered to the tenant; or
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1 (b) Sent by first class mail addressed and mailed to the tenant at:
2 (A) The premises;
3 (B) Any post-office box held by the tenant and actually known to the landlord; and
4 (C) The most recent forwarding address if provided by the tenant or actually known to the
5 landlord.
6 (4)(a) In addition to the notice required by subsection (3) of this section, in the case of an
7 abandoned recreational vehicle, manufactured dwelling or floating home, a landlord shall also give
8 a copy of the notice described in subsection (3) of this section to:
9 (A) Any lienholder of the recreational vehicle, manufactured dwelling or floating home;
10 (B) Any owner of the recreational vehicle, manufactured dwelling or floating home;
11 (C) The tax collector of the county where the manufactured dwelling or floating home is located;
12 and
13 (D) The assessor of the county where the manufactured dwelling or floating home is located.
14 (b) The landlord shall give the notice copy required by this subsection by personal delivery or
15 first class mail, except that for any lienholder, mail service must be both by first class mail and by
16 certified mail with return receipt requested.
17 (c) A notice to lienholders under paragraph (a)(A) of this subsection must be sent to each
18 lienholder at each address:
19 (A) Actually known to the landlord;
20 (B) Of record; and
21 (C) Provided to the landlord by the lienholder in a written notice that identifies the personal
22 property subject to the lien and that was sent to the landlord by certified mail with return receipt
23 requested within the preceding five years. The notice must identify the personal property by de-
24 scribing the physical address of the property.
25 (5) The notice required under subsection (3) of this section must state that:
26 (a) The personal property left upon the premises is considered abandoned;
27 (b) The tenant or any lienholder or owner must contact the landlord by a specified date, as
28 provided in subsection (6) of this section, to arrange for the removal of the abandoned personal
29 property;
30 (c) The personal property is stored at a place of safekeeping, except that if the property includes
31 a manufactured dwelling or floating home, the dwelling or home must be stored on the rented space;
32 (d) The tenant or any lienholder or owner, except as provided by subsection (18) of this section,
33 may arrange for removal of the personal property by contacting the landlord at a described tele-
34 phone number or address on or before the specified date;
35 (e) The landlord shall make the personal property available for removal by the tenant or any
36 lienholder or owner, except as provided by subsection (18) of this section, by appointment at rea-
37 sonable times;
38 (f) If the personal property is considered to be abandoned pursuant to subsection (2)(a) or (b)
39 of this section, the landlord may require payment of removal and storage charges, as provided by
40 subsection (7)(d) of this section, prior to releasing the personal property to the tenant or any
41 lienholder or owner;
42 (g) If the personal property is considered to be abandoned pursuant to subsection (2)(c) of this
43 section, the landlord may not require payment of storage charges prior to releasing the personal
44 property;
45 (h) If the tenant or any lienholder or owner fails to contact the landlord by the specified date,
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1 or after that contact, fails to remove the personal property within 30 days for recreational vehicles,
2 manufactured dwellings and floating homes or 15 days for all other personal property, the landlord
3 may sell or dispose of the personal property. If the landlord reasonably believes that the personal
4 property will be eligible for disposal pursuant to subsection (10)(b) of this section and the landlord
5 intends to dispose of the property if the property is not claimed, the notice shall state that belief
6 and intent; and
7 (i) If the personal property includes a recreational vehicle, manufactured dwelling or floating
8 home and if applicable, there is a lienholder or owner that has a right to claim the recreational
9 vehicle, dwelling or home, except as provided by subsection (18) of this section.
10 (6) For purposes of subsection (5) of this section, the specified date by which a tenant, lienholder
11 or owner must contact a landlord to arrange for the disposition of abandoned personal property is:
12 (a) For abandoned recreational vehicles, manufactured dwellings or floating homes, not less than
13 45 days after personal delivery or mailing of the notice; or
14 (b) For all other abandoned personal property, not less than five days after personal delivery
15 or eight days after mailing of the notice.
16 (7) After notifying the tenant as required by subsection (3) of this section, the landlord:
17 (a) Shall store any abandoned manufactured dwelling or floating home on the rented space and
18 shall exercise reasonable care for the dwelling or home;
19 (b) Shall store all other abandoned personal property of the tenant, including goods left inside
20 a recreational vehicle, manufactured dwelling or floating home or left upon the rented space outside
21 a recreational vehicle, dwelling or home, in a place of safekeeping and shall exercise reasonable
22 care for the personal property, except that the landlord may:
23 (A) Promptly dispose of rotting food; and
24 (B) Allow an animal control agency to remove any abandoned pets or livestock. If an animal
25 control agency will not remove the abandoned pets or livestock, the landlord shall exercise reason-
26 able care for the animals given all the circumstances, including the type and condition of the ani-
27 mals, and may give the animals to an agency that is willing and able to care for the animals, such
28 as a humane society or similar organization;
29 (c) Except for manufactured dwellings and floating homes, may store the abandoned personal
30 property at the dwelling unit, move and store it elsewhere on the premises or move and store it at
31 a commercial storage company or other place of safekeeping; and
32 (d) Is entitled to reasonable or actual storage charges and costs incidental to storage or dis-
33 posal, including any cost of removal to a place of storage. In the case of an abandoned manufactured
34 dwelling or floating home, the storage charge may be no greater than the monthly space rent last
35 payable by the tenant.
36 (8) If a tenant, lienholder or owner, upon the receipt of the notice provided by subsection (3)
37 or (4) of this section or otherwise, responds by actual notice to the landlord on or before the spec-
38 ified date in the landlords notice that the tenant, lienholder or owner intends to remove the per-
39 sonal property from the premises or from the place of safekeeping, the landlord must make that
40 personal property available for removal by the tenant, lienholder or owner by appointment at rea-
41 sonable times during the 15 days or, in the case of a recreational vehicle, manufactured dwelling
42 or floating home, 30 days following the date of the response, subject to subsection (18) of this sec-
43 tion. If the personal property is considered to be abandoned pursuant to subsection (2)(a) or (b) of
44 this section, but not pursuant to subsection (2)(c) of this section, the landlord may require payment
45 of removal and storage charges, as provided in subsection (7)(d) of this section, prior to allowing the
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1 tenant, lienholder or owner to remove the personal property. Acceptance by a landlord of such
2 payment does not operate to create or reinstate a tenancy or create a waiver pursuant to ORS
3 90.412 or 90.417.
4 (9) Except as provided in subsections (18) to (20) of this section, if the tenant, lienholder or
5 owner of a recreational vehicle, manufactured dwelling or floating home does not respond within the
6 time provided by the landlords notice, or the tenant, lienholder or owner does not remove the per-
7 sonal property within the time required by subsection (8) of this section or by any date agreed to
8 with the landlord, whichever is later, the tenants, lienholders or owners personal property is con-
9 clusively presumed to be abandoned. The tenant and any lienholder or owner that have been given
10 notice pursuant to subsection (3) or (4) of this section shall, except with regard to the distribution
11 of sale proceeds pursuant to subsection (13) of this section, have no further right, title or interest
12 to the personal property and may not claim or sell the property.
13 (10) If the personal property is presumed to be abandoned under subsection (9) of this section,
14 the landlord then may:
15 (a) Sell the personal property at a public or private sale, provided that prior to the sale of a
16 recreational vehicle, manufactured dwelling or floating home:
17 (A) The landlord may seek to transfer ownership of record of the personal property by comply-
18 ing with the requirements of the appropriate state agency; and
19 (B) The landlord shall:
20 (i) Place a notice in a newspaper of general circulation in the county in which the recreational
21 vehicle, manufactured dwelling or floating home is located. The notice shall state:
22 (I) That the recreational vehicle, manufactured dwelling or floating home is abandoned;
23 (II) The tenants and owners name, if of record or actually known to the landlord;
24 (III) The address and any space number where the recreational vehicle, manufactured dwelling
25 or floating home is located, and any plate, registration or other identification number for a recre-
26 ational vehicle or floating home noted on the certificate of title, if actually known to the landlord;
27 (IV) Whether the sale is by private bidding or public auction;
28 (V) Whether the landlord is accepting sealed bids and, if so, the last date on which bids will be
29 accepted; and
30 (VI) The name and telephone number of the person to contact to inspect the recreational vehi-
31 cle, manufactured dwelling or floating home;
32 (ii) At a reasonable time prior to the sale, give a copy of the notice required by sub-
33 subparagraph (i) of this subparagraph to the tenant and to any lienholder and owner, by personal
34 delivery or first class mail, except that for any lienholder, mail service must be by first class mail
35 with certificate of mailing;
36 (iii) Obtain an affidavit of publication from the newspaper to show that the notice required un-
37 der sub-subparagraph (i) of this subparagraph ran in the newspaper at least one day in each of two
38 consecutive weeks prior to the date scheduled for the sale or the last date bids will be accepted;
39 and
40 (iv) Obtain written proof from the county that all property taxes and assessments on the manu-
41 factured dwelling or floating home have been paid or, if not paid, that the county has authorized the
42 sale, with the sale proceeds to be distributed pursuant to subsection (13) of this section;
43 (b) Destroy or otherwise dispose of the personal property if the landlord determines that:
44 (A) For a manufactured dwelling or floating home, the current market value of the property is
45 $8,000 or less as determined by the county assessor; or
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1 (B) For all other personal property, the reasonable current fair market value is $1,000 or less
2 or so low that the cost of storage and conducting a public sale probably exceeds the amount that
3 would be realized from the sale; or
4 (c) Consistent with paragraphs (a) and (b) of this subsection, sell certain items and destroy or
5 otherwise dispose of the remaining personal property.
6 (11)(a) A public or private sale authorized by this section must:
7 (A) For a recreational vehicle, manufactured dwelling or floating home, be conducted consistent
8 with the terms listed in subsection (10)(a)(B)(i) of this section. Every aspect of the sale including the
9 method, manner, time, place and terms must be commercially reasonable; or
10 (B) For all other personal property, be conducted under the provisions of ORS 79.0610.
11 (b) If there is no buyer at a sale of a manufactured dwelling or floating home, the personal
12 property is considered to be worth $8,000 or less, regardless of current market value, and the land-
13 lord shall destroy or otherwise dispose of the personal property.
14 (12) Notwithstanding ORS 446.155 (1) and (2), unless a landlord intentionally misrepresents the
15 condition of a manufactured dwelling or floating home, the landlord is not liable for the condition
16 of the dwelling or home to:
17 (a) A buyer of the dwelling or home at a sale pursuant to subsection (10)(a) of this section, with
18 or without consideration; or
19 (b) A person or nonprofit organization to whom the landlord gives the dwelling or home pursu-
20 ant to subsection (1)(b), (10)(b) or (11)(b) of this section.
21 (13)(a) The landlord may deduct from the proceeds of the sale:
22 (A) The reasonable or actual cost of notice, storage and sale; and
23 (B) Unpaid rent.
24 (b) If the sale was of a manufactured dwelling or floating home, after deducting the amounts
25 listed in paragraph (a) of this subsection, the landlord shall remit the remaining proceeds, if any, to
26 the county tax collector to the extent of any unpaid property taxes and assessments owed on the
27 dwelling or home.
28 (c) If the sale was of a recreational vehicle, manufactured dwelling or floating home, after de-
29 ducting the amounts listed in paragraphs (a) and (b) of this subsection, if applicable, the landlord
30 shall remit the remaining proceeds, if any, to any lienholder to the extent of any unpaid balance
31 owed on the lien on the recreational vehicle, dwelling or home.
32 (d) After deducting the amounts listed in paragraphs (a), (b) and (c) of this subsection, if appli-
33 cable, the landlord shall remit to the tenant or owner the remaining proceeds, if any, together with
34 an itemized accounting.
35 (e) If the tenant or owner cannot after due diligence be found, the landlord shall deposit the
36 remaining proceeds with the county treasurer of the county in which the sale occurred. If not
37 claimed within three years, the deposited proceeds revert to the general fund of the county and are
38 available for general purposes.
39 (14) The county tax collector shall cancel all unpaid property taxes and assessments owed on
40 a manufactured dwelling or floating home, as provided under ORS 311.790, only under one of the
41 following circumstances:
42 (a) The landlord disposes of the manufactured dwelling or floating home after a determination
43 described in subsection (10)(b) of this section.
44 (b) There is no buyer of the manufactured dwelling or floating home at a sale described under
45 subsection (11) of this section.
[19]
SB 117
1 (c)(A) There is a buyer of the manufactured dwelling or floating home at a sale described under
2 subsection (11) of this section;
3 (B) The current market value of the manufactured dwelling or floating home is $8,000 or less;
4 and
5 (C) The proceeds of the sale are insufficient to satisfy the unpaid property taxes and assessments
6 owed on the dwelling or home after distribution of the proceeds pursuant to subsection (13) of this
7 section.
8 (d)(A) The landlord buys the manufactured dwelling or floating home at a sale described under
9 subsection (11) of this section;
10 (B) The current market value of the manufactured dwelling or floating home is more than $8,000;
11 (C) The proceeds of the sale are insufficient to satisfy the unpaid property taxes and assessments
12 owed on the manufactured dwelling or floating home after distribution of the proceeds pursuant to
13 subsection (13) of this section; and
14 (D) The landlord disposes of the manufactured dwelling or floating home.
15 (15) The landlord is not responsible for any loss to the tenant, lienholder or owner resulting
16 from storage of personal property in compliance with this section unless the loss was caused by the
17 landlords deliberate or negligent act. In the event of a deliberate and malicious violation, the
18 landlord is liable for twice the actual damages sustained by the tenant, lienholder or owner.
19 (16) Complete compliance in good faith with this section shall constitute a complete defense in
20 any action brought by a tenant, lienholder or owner against a landlord for loss or damage to such
21 personal property disposed of pursuant to this section.
22 (17) If a landlord does not comply with this section:
23 (a) The tenant is relieved of any liability for damage to the premises caused by conduct that
24 was not deliberate, intentional or grossly negligent and for unpaid rent and may recover from the
25 landlord up to twice the actual damages sustained by the tenant;
26 (b) A lienholder or owner aggrieved by the noncompliance may recover from the landlord the
27 actual damages sustained by the lienholder or owner. ORS 90.255 does not authorize an award of
28 attorney fees to the prevailing party in any action arising under this paragraph; and
29 (c) A county tax collector aggrieved by the noncompliance may recover from the landlord the
30 actual damages sustained by the tax collector, if the noncompliance is part of an effort by the
31 landlord to defraud the tax collector. ORS 90.255 does not authorize an award of attorney fees to
32 the prevailing party in any action arising under this paragraph.
33 (18) In the case of an abandoned recreational vehicle, manufactured dwelling or floating home,
34 the provisions of this section regarding the rights and responsibilities of a tenant to the abandoned
35 vehicle, dwelling or home also apply to any lienholder except that the lienholder may not sell or
36 remove the vehicle, dwelling or home unless:
37 (a) The lienholder has foreclosed its lien on the recreational vehicle, manufactured dwelling or
38 floating home;
39 (b) The tenant or a personal representative or designated person described in subsection (20)
40 of this section has waived all rights under this section pursuant to subsection (26) of this section;
41 or
42 (c) The notice and response periods provided by subsections (6) and (8) of this section have ex-
43 pired.
44 (19)(a) In the case of an abandoned manufactured dwelling or floating home but not including
45 a dwelling or home abandoned following a termination pursuant to ORS 90.429 and except as pro-
[20]
SB 117
1 vided by subsection (20)(d) and (e) of this section, if a lienholder makes a timely response to a notice
2 of abandoned personal property pursuant to subsections (6) and (8) of this section and so requests,
3 a landlord shall enter into a written storage agreement with the lienholder providing that the
4 dwelling or home may not be sold or disposed of by the landlord for up to 12 months. A storage
5 agreement entitles the lienholder to store the personal property on the previously rented space
6 during the term of the agreement, but does not entitle anyone to occupy the personal property.
7 (b) The lienholders right to a storage agreement arises upon the failure of the tenant, owner
8 or, in the case of a deceased tenant, the personal representative, designated person, heir or devisee
9 to remove or sell the dwelling or home within the allotted time.
10 (c) To exercise the right to a storage agreement under this subsection, in addition to contacting
11 the landlord with a timely response as described in paragraph (a) of this subsection, the lienholder
12 must enter into the proposed storage agreement within 60 days after the landlord gives a copy of
13 the agreement to the lienholder. The landlord shall give a copy of the proposed storage agreement
14 to the lienholder in the same manner as provided by subsection (4)(b) of this section. The landlord
15 may include a copy of the proposed storage agreement with the notice of abandoned property re-
16 quired by subsection (4) of this section. A lienholder enters into a storage agreement by signing a
17 copy of the agreement provided by the landlord and personally delivering or mailing the signed copy
18 to the landlord within the 60-day period.
19 (d) The storage agreement may require, in addition to other provisions agreed to by the landlord
20 and the lienholder, that:
21 (A) The lienholder make timely periodic payment of all storage charges, as described in sub-
22 section (7)(d) of this section, accruing from the commencement of the 45-day period described in
23 subsection (6) of this section. A storage charge may include a utility or service charge, as described
24 in ORS 90.532, if limited to charges for electricity, water, sewer service and natural gas and if in-
25 cidental to the storage of personal property. A storage charge may not be due more frequently than
26 monthly;
27 (B) The lienholder pay a late charge or fee for failure to pay a storage charge by the date re-
28 quired in the agreement, if the amount of the late charge is no greater than for late charges de-
29 scribed in the rental agreement between the landlord and the tenant; and
30 (C) The lienholder maintain the personal property and the space on which the personal property
31 is stored in a manner consistent with the rights and obligations described in the rental agreement
32 between the landlord and the tenant.
33 (e) During the term of an agreement described under this subsection, the lienholder has the right
34 to remove or sell the property, subject to the provisions of the lien. Selling the property includes a
35 sale to a purchaser who wishes to leave the dwelling or home on the rented space and become a
36 tenant, subject to any conditions previously agreed to by the landlord and tenant regarding the
37 landlords approval of a purchaser or, if there was no such agreement, any reasonable conditions
38 by the landlord regarding approval of any purchaser who wishes to leave the dwelling or home on
39 the rented space and become a tenant. The landlord also may condition approval for occupancy of
40 any purchaser of the property upon payment of all unpaid storage charges and maintenance costs.
41 (f)(A) If the lienholder violates the storage agreement, the landlord may terminate the agreement
42 by giving at least 90 days written notice to the lienholder stating facts sufficient to notify the
43 lienholder of the reason for the termination. Unless the lienholder corrects the violation within the
44 notice period, the agreement terminates as provided and the landlord may sell or dispose of the
45 dwelling or home without further notice to the lienholder.
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1 (B) After a landlord gives a termination notice pursuant to subparagraph (A) of this paragraph
2 for failure of the lienholder to pay a storage charge and the lienholder corrects the violation, if the
3 lienholder again violates the storage agreement by failing to pay a subsequent storage charge, the
4 landlord may terminate the agreement by giving at least 30 days written notice to the lienholder
5 stating facts sufficient to notify the lienholder of the reason for termination. Unless the lienholder
6 corrects the violation within the notice period, the agreement terminates as provided and the land-
7 lord may sell or dispose of the property without further notice to the lienholder.
8 (C) A lienholder may terminate a storage agreement at any time upon at least 14 days written
9 notice to the landlord and may remove the property from the rented space if the lienholder has paid
10 all storage charges and other charges as provided in the agreement.
11 (g) Upon the failure of a lienholder to enter into a storage agreement as provided by this sub-
12 section or upon termination of an agreement, unless the parties otherwise agree or the lienholder
13 has sold or removed the manufactured dwelling or floating home, the landlord may sell or dispose
14 of the property pursuant to this section without further notice to the lienholder.
15 (20) If the personal property is a manufactured dwelling or floating home and is considered
16 abandoned as a result of the death of a tenant who was the only tenant and who owned the dwelling
17 or home, this section applies, except as follows:
18 (a) The following persons have the same rights and responsibilities regarding the abandoned
19 dwelling or home as a tenant:
20 (A) Any personal representative named in a will or appointed by a court to act for the deceased
21 tenant.
22 (B) Any person designated in writing by the tenant to be contacted by the landlord in the event
23 of the tenants death.
24 (b) The notice required by subsection (3) of this section must be:
25 (A) Sent by first class mail to the deceased tenant at the premises; and
26 (B) Personally delivered or sent by first class mail to any personal representative or designated
27 person, if actually known to the landlord.
28 (c) The notice described in subsection (5) of this section must refer to any personal represen-
29 tative or designated person, instead of the deceased tenant, and must incorporate the provisions of
30 this subsection.
31 (d) If a personal representative, designated person or other person entitled to possession of the
32 property, such as an heir or devisee, responds by actual notice to a landlord within the 45-day period
33 provided by subsection (6) of this section and so requests, the landlord shall enter into a written
34 storage agreement with the representative or person providing that the dwelling or home may not
35 be sold or disposed of by the landlord for up to 90 days or until conclusion of any probate pro-
36 ceedings, whichever is later. A storage agreement entitles the representative or person to store the
37 personal property on the previously rented space during the term of the agreement, but does not
38 entitle anyone to occupy the personal property. If such an agreement is entered, the landlord may
39 not enter a similar agreement with a lienholder pursuant to subsection (19) of this section until the
40 agreement with the personal representative or designated person ends.
41 (e) If a personal representative or other person requests that a landlord enter into a storage
42 agreement, subsection (19)(c), (d) and (f)(C) of this section applies, with the representative or person
43 having the rights and responsibilities of a lienholder with regard to the storage agreement.
44 (f) During the term of an agreement described under paragraph (d) of this subsection, the rep-
45 resentative or person has the right to remove or sell the dwelling or home, including a sale to a
[22]
SB 117
1 purchaser or a transfer to an heir or devisee where the purchaser, heir or devisee wishes to leave
2 the dwelling or home on the rented space and become a tenant, subject to any conditions previously
3 agreed to by the landlord and tenant regarding the landlords approval for occupancy of a purchaser,
4 heir or devisee or, if there was no such agreement, any reasonable conditions by the landlord re-
5 garding approval for occupancy of any purchaser, heir or devisee who wishes to leave the dwelling
6 or home on the rented space and become a tenant. The landlord also may condition approval for
7 occupancy of any purchaser, heir or devisee of the dwelling or home upon payment of all unpaid
8 storage charges and maintenance costs.
9 (g) If the representative or person violates the storage agreement, the landlord may terminate
10 the agreement by giving at least 30 days written notice to the representative or person stating facts
11 sufficient to notify the representative or person of the reason for the termination. Unless the rep-
12 resentative or person corrects the violation within the notice period, the agreement terminates as
13 provided and the landlord may sell or dispose of the dwelling or home without further notice to the
14 representative or person.
15 (h) Upon the failure of a representative or person to enter into a storage agreement as provided
16 by this subsection or upon termination of an agreement, unless the parties otherwise agree or the
17 representative or person has sold or removed the manufactured dwelling or floating home, the
18 landlord may sell or dispose of the property pursuant to this section without further notice to the
19 representative or person.
20 (21) If the personal property is other than a manufactured dwelling or floating home and is
21 considered abandoned as a result of the death of a tenant who was the only tenant and who owned
22 the personal property, this section applies except as follows:
23 (a) The following persons have the same rights and responsibilities regarding the abandoned
24 personal property as a tenant:
25 (A) An heir or devisee.
26 (B) Any personal representative named in a will or appointed by a court to act for the deceased
27 tenant.
28 (C) Any person designated in writing by the tenant to be contacted by the landlord in the event
29 of the tenants death.
30 (b) The notice required by subsection (3) of this section must be:
31 (A) Sent by first class mail to the deceased tenant at the premises;
32 (B) Personally delivered or sent by first class mail to any heir, devisee, personal representative
33 or designated person, if actually known to the landlord; and
34 (C) Sent by first class mail to the attention of an estate administrator of the Department of State
35 Lands.
36 (c) The notice described in subsection (5) of this section must refer to the heir, devisee, personal
37 representative, designated person or estate administrator of the department, instead of the deceased
38 tenant, and must incorporate the provisions of this subsection.
39 (d) The landlord shall allow a person that is an heir, devisee or personal representative of the
40 tenant, or an estate administrator of the department, to remove the personal property if the person
41 contacts the landlord within the period provided by subsection (6) of this section, complies with the
42 requirements of this section and provides the landlord with reasonable evidence that the person is
43 an heir, devisee or personal representative, or an estate administrator of the department.
44 (e) If neither an heir, devisee nor personal representative of the tenant, nor an estate adminis-
45 trator of the department, contacts the landlord within the time period provided by subsection (6) of
[23]
SB 117
1 this section, the landlord shall allow removal of the personal property by the designated person of
2 the tenant, if the designated person contacts the landlord within that period and complies with the
3 requirements of this section and provides the landlord with reasonable evidence that the person is
4 the designated person.
5 (f) A landlord who allows removal of personal property under this subsection is not liable to
6 another person that has a claim or interest in the personal property.
7 (22) If a governmental agency determines that the condition of a manufactured dwelling, floating
8 home or recreational vehicle abandoned under this section constitutes an extreme health or safety
9 hazard under state or local law and the agency determines that the hazard endangers others in the
10 immediate vicinity and requires quick removal of the property, the landlord may sell or dispose of
11 the property pursuant to this subsection. The landlord shall comply with all provisions of this sec-
12 tion, except as follows:
13 (a) The date provided in subsection (6) of this section by which a tenant, lienholder, owner,
14 personal representative or designated person must contact a landlord to arrange for the disposition
15 of the property must be not less than 15 days after personal delivery or mailing of the notice re-
16 quired by subsection (3) of this section.
17 (b) The date provided in subsections (8) and (9) of this section by which a tenant, lienholder,
18 owner, personal representative or designated person must remove the property must be not less than
19 seven days after the tenant, lienholder, owner, personal representative or designated person contacts
20 the landlord.
21 (c) The notice required by subsection (3) of this section must be as provided in subsection (5)
22 of this section, except that:
23 (A) The dates and deadlines in the notice for contacting the landlord and removing the property
24 must be consistent with this subsection;
25 (B) The notice must state that a governmental agency has determined that the property consti-
26 tutes an extreme health or safety hazard and must be removed quickly; and
27 (C) The landlord shall attach a copy of the agencys determination to the notice.
28 (d) If the tenant, a lienholder, owner, personal representative or designated person does not re-
29 move the property within the time allowed, the landlord or a buyer at a sale by the landlord under
30 subsection (11) of this section shall promptly remove the property from the facility.
31 (e) A landlord is not required to enter into a storage agreement with a lienholder, owner, per-
32 sonal representative or designated person pursuant to subsection (19) of this section.
33 (23)(a) If an official or agency referred to in ORS 453.876 notifies the landlord that the official
34 or agency has determined that all or part of the premises is unfit for use as a result of the presence
35 of an illegal drug manufacturing site involving methamphetamine, and the landlord complies with
36 this subsection, the landlord is not required to comply with subsections (1) to (22) and (24) to (27)
37 of this section with regard to personal property left on the portion of the premises that the official
38 or agency has determined to be unfit for use.
39 (b) Upon receiving notice from an official or agency determining the premises to be unfit for use,
40 the landlord shall promptly give written notice to the tenant as provided in subsection (3) of this
41 section. The landlord shall also attach a copy of the notice in a secure manner to the main entrance
42 of the dwelling unit. The notice to the tenant shall include a copy of the officials or agencys notice
43 and state:
44 (A) That the premises, or a portion of the premises, has been determined by an official or agency
45 to be unfit for use due to contamination from the manufacture of methamphetamine and that as a
[24]
SB 117
1 result subsections (1) to (22) and (24) to (27) of this section do not apply to personal property left
2 on any portion of the premises determined to be unfit for use;
3 (B) That the landlord has hired, or will hire, a contractor to assess the level of contamination
4 of the site and to decontaminate the site;
5 (C) That upon hiring the contractor, the landlord will provide to the tenant the name, address
6 and telephone number of the contractor; and
7 (D) That the tenant may contact the contractor to determine whether any of the tenants per-
8 sonal property may be removed from the premises or may be decontaminated at the tenants expense
9 and then removed.
10 (c) To the extent consistent with rules of the Department of Human Services, the contractor
11 may release personal property to the tenant.
12 (d) If the contractor and the department determine that the premises or the tenants personal
13 property is not unfit for use, upon notification by the department of the determination, the landlord
14 shall comply with subsections (1) to (22) and (24) to (27) of this section for any personal property left
15 on the premises.
16 (e) Except as provided in paragraph (d) of this subsection, the landlord is not responsible for
17 storing or returning any personal property left on the portion of the premises that is unfit for use.
18 (24) In the case of an abandoned recreational vehicle, manufactured dwelling or floating home
19 that is owned by someone other than the tenant, the provisions of this section regarding the rights
20 and responsibilities of a tenant to the abandoned vehicle, dwelling or home also apply to that owner,
21 with regard only to the vehicle, dwelling or home, and not to any goods left inside or outside the
22 vehicle, dwelling or home.
23 (25) In the case of an abandoned motor vehicle, the procedure authorized by ORS 98.830 [and
24 98.835] for removal of abandoned motor vehicles from private property may be used by a landlord
25 as an alternative to the procedures required in this section.
26 (26)(a) A landlord may sell or dispose of a tenants abandoned personal property without com-
27 plying with subsections (1) to (25) and (27) of this section if, after termination of the tenancy or no
28 more than seven days prior to the termination of the tenancy, the following parties so agree in a
29 writing entered into in good faith:
30 (A) The landlord;
31 (B) The tenant, or for an abandonment as the result of the death of a tenant who was the only
32 tenant, the personal representative, designated person or other person entitled to possession of the
33 personal property, such as an heir or devisee, as described in subsection (20) or (21) of this section;
34 and
35 (C) In the case of a manufactured dwelling, floating home or recreational vehicle, any owner and
36 any lienholder.
37 (b) A landlord may not, as part of a rental agreement, require a tenant, a personal represen-
38 tative, a designated person or any lienholder or owner to waive any right provided by this section.
39 (27) Until personal property is conclusively presumed to be abandoned under subsection (9) of
40 this section, a landlord does not have a lien pursuant to ORS 87.152 for storing the personal prop-
41 erty.
43 90.485. (1) A landlord may have a motor vehicle removed from the premises only in compliance
44 with this section and either ORS 98.810 to 98.818 or ORS 98.830[, 98.835] and 98.840.
45 (2) Except as provided in ORS 90.425 regarding abandoned vehicles, a landlord may have a mo-
[25]
SB 117
1 tor vehicle removed from the premises without notice to the owner or operator of the vehicle only
2 if the vehicle:
3 (a) Blocks or prevents access by emergency vehicles;
4 (b) Blocks or prevents entry to the premises;
5 (c) Violates a prominently posted parking prohibition;
6 (d) Blocks or is unlawfully parked in a space reserved for persons with disabilities;
7 (e) Is parked in an area not intended for motor vehicles including, but not limited to, sidewalks,
8 lawns and landscaping;
9 (f) Is parked in a space reserved for tenants but is not assigned to a tenant and does not display
10 a parking tag or other device, as provided by subsection (3) of this section; or
11 (g) Is parked in a specific space assigned to a tenant, as provided by subsection (4) of this sec-
12 tion.
13 (3) A landlord may have a motor vehicle removed from the premises under subsection (2)(f) of
14 this section only if the landlord:
15 (a) Provides parking tags or other devices that identify vehicles that are authorized to be parked
16 on the premises;
17 (b) Provides a tenant with parking tags or other devices to be used on a vehicle other than the
18 tenants primary vehicle if the tenant wants to park a vehicle on the premises in lieu of the tenants
19 primary vehicle; and
20 (c) Enters into written agreements with the owners or operators of vehicles authorized to park
21 on the premises that:
22 (A) Authorize the landlord to have a vehicle removed from the premises without notice for
23 failing to display the parking tag, sticker or other device;
24 (B) Unless the information is disclosed on prominent signs posted on the premises, disclose to
25 the owners or operators of authorized vehicles the name, address and contact information of the tow
26 company that is authorized to remove vehicles from the premises; and
27 (C) Specify whether guest parking is allowed and, if guest parking is allowed, describe methods
28 for identifying guest parking spaces or identifying authorized guest vehicles.
29 (4) If a landlord assigns a specific parking space to a tenant, the landlord may have a vehicle
30 towed under subsection (2)(g) of this section from the assigned parking space only with the agree-
31 ment of the tenant at the time of the tow. The landlord may not require the tenant to agree to
32 towing.
33 (5) If guest parking is allowed, the landlord shall post a sign in each designated guest parking
34 space that is clearly readable by an operator of motor vehicle and that specifies any rules, re-
35 strictions or limitations on parking in the designated guest parking space.
36 (6) A landlord may have a motor vehicle that is inoperable, but otherwise parked in compliance
37 with an agreement between the landlord and the owner or operator of the vehicle, removed from the
38 premises if the landlord affixes a prominent notice to the vehicle stating that the vehicle will be
39 towed if the vehicle is not removed or otherwise brought into compliance with the agreement. The
40 landlord must affix the notice required by this subsection at least 72 hours before the vehicle may
41 be removed.
42 (7) A landlord may not have a motor vehicle removed under this section because the vehicles
43 registration has expired or is otherwise invalid.
44 (8) This section does not:
45 (a) Apply to a landlord of a facility.
[26]
SB 117
1 (b) Affect the obligations imposed on a landlord under ORS 98.810 to 98.818 or under ORS
2 98.830[, 98.835] and 98.840.
4 822.215. The Department of Transportation may deny or refuse to issue any towing business
5 certificate under ORS 822.205 or may suspend, revoke or refuse to renew any towing business cer-
6 tificate issued upon proof that the applicant for or holder of the certificate has done any of the
7 following:
8 (1) Used fraud or deception in securing the certificate.
9 (2) Received in any manner or by any device any rebate or other additional fee for towing or
10 recovery from a person who performs repairs on a vehicle who does not also own the vehicle. This
11 subsection does not prohibit the payment of the towing fee by a person who performs repairs on a
12 vehicle if the fee is included in the charges by that person for repairs on the vehicle.
13 (3) Used vehicles for the purposes of towing or recovering services that did not meet the mini-
14 mum safety standards established by the department.
15 (4) Failed to display special towing business registration plates, stickers or indicia or identifi-
16 cation devices for proportionally registered tow vehicles authorized under ORS 805.200 on each ve-
17 hicle used to tow or recover vehicles.
18 (5) Failed to maintain the amounts and types of insurance required to qualify for issuance of a
19 towing business certificate under ORS 822.205.
20 (6) Failed to obtain any permits or authority required under any provision of ORS chapter 825
21 or rules adopted thereunder.
22 (7) Violated any provision of ORS 98.854, 98.856 or 98.858 or section 9 of this 2017 Act or a
23 rule adopted under ORS 98.864.
24
25 CAPTIONS
26
27 SECTION 20. The unit captions used in this 2017 Act are provided only for the conven-
28 ience of the reader and do not become part of the statutory law of this state or express any
29 legislative intent in the enactment of this 2017 Act.
30
[27]

Oregon Senate Bill 117 - Unlawful Towing Practices

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Oregon Senate Bill 117 - Unlawful Towing Practices

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79th OREGON LEGISLATIVE ASSEMBLY--2017 Regular Session

Senate Bill 117

1 A BILL FOR AN ACT

1 location under the control of the tower;

1 person in lawful possession of the motor vehicle;

1 (fff) Violates ORS 646A.102, 646A.106 or 646A.108.

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